In the Supreme Court of Bangladesh High Court Division

(Civil Appellate Jurisdiction)

First Appeal No. 103 of 2017 with

Transfer Appeal No. 50 of 2019 In the matter of:

Ehsan Ali

........... Defendant No. 1- appellant

Versus

Nasim Ali and others

...... Plaintiffs-respondents

Secretary, Ministry of Works and Housing and Settlement, Government of the People’s Republic of Bangladesh, Secretariat Building, Dhaka.

..... Proforma defendant no.2-proforma respondent

Mr. Ahsanul Karim, Senior Advocate with Mr. Khairul Alam Chowdhury, Advocate with

Mr. Tanveer Hossain Khan, Advocate

.... For the defendant no.1- appellant

Mr. Md. Nurul Amin, Senior Advocate is with

Mr. Khair Ezaz Maswood, Senior Advocate with Mr. Rafiqul Islam (Hiru), Advocate with

Mr. S. M. Tariqul Islam, Advocate with

Mr. Mohammad Yeasin Chowdhury, Advocate ... For the plaintiffs-respondents no. 1-3

Heard on 24th August, 12th October, 19th October and 2nd November, 2023

Judgment on 14th December, 2023

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Mohi Uddin Shamim

Mohi Uddin Shamim, J.

This First Appeal No.103 of 2017 and Transfer Appeal No. 50 of

2017 at the instance of defendant No.1 - appellant, is directed against the judgment and decree dated 01.12.2016 (decree drawn on 02.01.2017) passed by the Joint District Judge, 3rd Court, Dhaka, arising out of Title Suit No. 206 of 2016, which was heard and disposed of along with Title Suit No. 207 of 2016.

Facts necessary for the disposal of the appeal, in brief, are that the present respondent Nos. 1-3, as plaintiffs, instituted Title Suit No. 43 of 2007 before the learned Joint District Judge, 3rd Court, Dhaka, for a declaration of title and recovery of khas possession by evicting defendant No.1 from the suit land. Subsequently, the suit was renumbered as Title Suit No. 206 of 2016. The appellant, also as plaintiff, instituted Title Suit No. 463 of 2007 before the learned Senior Assistant Judge, 1st Court, Dhaka, for a declaration that the oral gift deeds dated 11.10.2004 and 18.12.2004, along with an affidavit, are void, illegal, and not binding upon him. The Title Suit No. 463 of 2007 was subsequently renumbered as Title Suit No. 207 of 2016.

Respondent no. 1-3 (in Title Suit no. 206 of 2016) as plaintiffs states inter alia that the Government of the then East Pakistan was the original owner of the suit property described in the schedule to the plaint. Thereafter, upon an application being filed, the predecessor of the plaintiff, namely Golam Mowla, obtained the suit land through a registered permanent lease deed being Lease Deed No. 6757 dated 29.06.1957. On 19.05.1970, Golam Mowla verbally gifted the said property to his wife, Nasimunnessa Khanam, in accordance with Shariah Law. The plaintiffs’ mother received from her husband 01 bigha 08 chhatak of land by gift and also inherited .1215 ajutangsha of land from her father. Thereafter, it was registered and mutated in her name in the Ministry of Housing and Public Works and Revenue Office, respectively. While in possession of the land, she gifted it in three stages among her four sons namely Nasim Ali, Ehsan Ali, Masud Ali, Mahbub Ali and one daughter Fauzia Mowla. In the first stage, she gave 78/1 Agamasi Lane, Dhaka measuring .1215 ajutangsha of land to her second son Ehsan Ali, the defendant no. 1-appellant. In the second stage, she gave to her only daughter Fauzia Mawla 04 katha of land out of 01 bigha 08 chhatak as mentioned in the schedule. In the third stage, she expressed her intention to gift 16 katha 08 chhatak of land to the plaintiff and, upon obtaining permission from the office of defendant no. 2 under memo 7/L, Dan 2004/1726 on 20.11.2004, she gave 16½ katha of land to her three sons, i.e., the plaintiffs and handed over possession. The plaintiffs received the said property and registered it on their names in the Ministry of Housing and Public Works and the Revenue Department of the Government under Mutation Case No. 1550/2005 on